HomeMy WebLinkAbout03-08-05IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ORPHANS' COURT DIVISION
BEVERLY A. BEARD N0. 21-05-202 ORPHANS COURT
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
OF THE PERSON
BEFORE OLER, J.
OPINION and ORDER OF COURT
OL,ER, J, March 4, 2005.
At issue in the present case is whether Beverly A.
Beard should be adjudicated an incapacitated person on an
emergency basis, and, if so, whether Donald L. Stoner, 1918 West
Third Street, Harrisburg, Dauphin County, Pennsylvania, should be
appointed emergency plenary guardian of her person. A hearing
was held in this matter on Friday, March 4, 2005. The allegedly
incapacitated person was not present, the Court having found that
her welfare in terms of her physical and mental condition would
not be promoted by her presence pursuant to testimony of a
physician. The allegedly incapacitated person was represented by
Michael M. Jerominski, Esquire.
Based upon the evidence presented at the hearing, the
following Findings of Fact, Discussion and Order of Court are
made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is Beverly A.
Beard, a domiciliary of Cumberland County, Pennsylvania, whose
permanent residence is 1128 Columbus Avenue, Borough of Lemoyne,
Cumberland County, Pennsylvania, whose temporary residence is in
the Intensive Care Unit of the Petitioner, Holy Spirit Hospital
of the Sisters of Christian Charity, 503 North 21st Street, Camp
Hill, Cumberland County, Pennsylvania, and who was born on July
14, 1957.
2. The petitioner, as noted, is the Holy Spirit
Hospital of the Sisters of Christian Charity.
3. Ms. Beard suffers from hypoxic encephalopathy,
arising out of a heart attack on February 9, 2005, at the
hospital.
4. As a result of this condition, Ms. Beard does not
respond to verbal stimuli and does not move her arms or legs.
5. Ms. Beard is currently on a mechanical ventilator
and cannot receive food or fluid by mouth. She is in immediate
need of a tracheostomy in order to avoid erosion of her esophagus
by the endotracheal tube which is presently in place and will
require a percutaneous gastrostomy to enable her to receive food
and fluid.
6. Ms. Beard's condition is such that her ability to
receive and evaluate information effectively and communicate
decisions is impaired to such a significant extent that she is at
this time totally unable to meet essential requirements for her
physical health and safety.
7. There is no indication at the present time that
her prognosis is favorable with respect to her mental state.
8. The aforesaid condition of Ms. Beard has resulted
in a situation where she is in need of a guardian of her person
on an emergency basis for purposes of making medical and other
decisions affecting her person, and a failure to appoint such a
guardian will result in irreparable harm to her person.
9. The duration of the necessary guardianship of the
person may, by law, not extend beyond 72 hours in the absence of
further Order of Court (and in no event may continue for more
than 20 days thereafter).
10. Donald L. Stoner, an adult individual residing at
1918 West Third Street, Harrisburg, Pennsylvania, and a long time
friend of Ms. Beard who is listed as the contact person for her
on the hospital's records is an appropriate person to act as
guardian of her person on an emergency basis and has expressed a
willingness to do so.
11. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
Under Pennsylvania law, an emergency guardian of the
person may be appointed in the case of a person alleged to be
incapacitated "when it appears that the person lacks capacity,
[the person] is in need of a guardian[,] and a failure to make
such appointment will result in irreparable harm to the
person...." Act of June 30, 1972, P.L. 508, Section 2, as
amended, 20 Pa. C.S. Section 5513 (Supp. 2004).
An "incapacitated person" means
an adult whose ability to receive and evaluate
information effectively and communicate decisions in
any way is impaired to such a significant extent
that he is partially or totally unable to... meet
essential requirements for his physical health and
safety.
Id. Section 5501.
Proof in such a case must be by clear and convincing
evidence. Id. Section 5511(a), 5513.
In the present case, Petitioner has demonstrated by
clear and convincing evidence that an emergency adjudication of
incapacity and appointment of a guardian of the person for
purposes of medical and other decisions are appropriate. For
this reason, the following order will be entered:
ORDER OF COURT
AND NOW, this 4th day of March, 2005, upon
consideration of Petitioner's Petition for Appointment of
Emergency Guardian of the Person, and following a hearing, it is
ordered, adjudged and decreed as follows:
1. Beverly A. Beard is adjudicated an incapacitated
person on an emergency basis.
2. Donald L. Stoner, 1918 West Third Street,
Harrisburg, Dauphin County, Pennsylvania, is appointed emergency
guardian of Ms. Beard's person in a plenary capacity.
3. This guardianship of the person shall extend for a
period of 72 hours, subject to the guardian's right to apply for
an extension of 20 additional days.
4. No bond shall be required of the guardian in this
case.
By the Court,
S/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
Ralph H. Wright, Jr., Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For the Petitioner
Michael M. Jerominski, Esquire
28 South Pitt Street
Carlisle, PA 17013
For Beverly A. Beard
:mae